4 (1) Subject to subsection (2), a storer has a lien against an article that the storer has stored or stored and repaired for an amount equal to one of the following, and the storer may retain possession of the article until the amount is paid: 1.  The amount agreed upon for the storage or storage and repair of the article. 2.  Where no such amount has been agreed upon, the fair value of the storage or storage and repair, determined in accordance with any applicable regulations. 3.  Where only part of a repair is completed, the fair value of the storage and the part of the repair completed, determined in accordance with any applicable regulations. 2014, c. 9, Sched. 4, s. 3 (1). Limit on storer’s lien (2) A storer is not entitled to a lien for a repair made to an article unless the repair is made by the storer on the understanding that the storer would be paid for the repair or unless subsection 28 (2) applies.  R.S.O. 1990, c. R.25, s. 4 (2). When lien arises (3) A storer’s lien arises and takes effect when the storer receives possession of the article for storage or storage and repair, except that no storer’s lien arises with respect to repair if the storer was required to comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002, if applicable, and the storer has not done so.  2006, c. 19, Sched. G, s. 10 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (3) of the Act is amended by striking out “comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002” and substituting “comply with the prescribed provisions of the regulations made under the Consumer Protection Act, 2023”. (See: 2023, c. 23, Sched. 1, s. 117 (3)) Tow and storage services (3.0.1) Except as otherwise provided for in the regulations, if the storage or storage and repair includes one or more tow and storage services in respect of which Part VI.1 of the Consumer Protection Act, 2002 applies, no lien arises with respect to those services if the storer fails to comply with the prescribed provisions of that Part, if any. 2014, c. 9, Sched. 4, s. 3 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 4 (3.0.1) of the Act is repealed and the following substituted: (See: 2021, c. 26, Sched. 3, s. 68 (3)) Towing and vehicle storage services (3.0.1) Except as otherwise provided for in the regulations, if the storage or storage and repair includes one or more towing services or vehicle storage services regulated under the Towing and Storage Safety and Enforcement Act, 2021, no lien arises with respect to those services if the storer fails to comply with the prescribed provisions of that Act, if any. 2021, c. 26, Sched. 3, s. 68 (3). Amount of lien (3.1) In cases where Part VI of Consumer Protection Act, 2002 applies, if a storer receives possession of an article for storage and repair, the amount of the storer’s lien under subsection (3) shall not exceed, (a)  the amount of the charge for the storage, together with the amount that the storer is authorized to charge for the repair under subsection 58 (2) and section 64 of the Consumer Protection Act, 2002, if those provisions apply to the storer; and (b)  the amount of the charge for the storage, together with the maximum amount authorized by the person who requested the repair, if section 56 of the Consumer Protection Act, 2002
applies to the person.  2006, c. 19, Sched. G, s. 10 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (3.1) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 1, s. 117 (4)) Amount of lien (3.1) In cases where the prescribed provisions of the regulations made under the Consumer Protection Act, 2023 apply, if a storer receives possession of an article for storage and repair, the amount of the storer’s lien under subsection (3) shall be determined in accordance with the requirements prescribed for the purposes of this subsection, if any. 2023, c. 23, Sched. 1, s. 117 (4). Amount, tow and storage (3.2) In cases where Part VI.1 of the Consumer Protection Act, 2002 applies, the amount of a storer’s lien under subsection (3) with respect to the tow and storage services shall be determined in accordance with the prescribed requirements, if any. 2014, c. 9, Sched. 4, s. 3 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 4 (3.2) of the Act is repealed and the following substituted: (See: 2021, c. 26, Sched. 3, s. 68 (4)) Amount, towing and vehicle storage (3.2) In cases where the Towing and Storage Safety and Enforcement Act, 2021
applies, the amount of a storer’s lien under subsection (3) with respect to towing services or vehicle storage services shall be determined in accordance with the prescribed requirements, if any. 2021, c. 26, Sched. 3, s. 68 (4). Notice to owner, etc., articles (4) Where the storer knows or has reason to believe that possession of an article that is subject to a lien was received from a person other than its owner or a person having its owner’s authority, the storer, within 60 days after the day of receiving the article, shall give written notice of the lien to every person whom the storer knows or has reason to believe is the owner or has an interest in the article, including every person who has a security interest in the article that is perfected by registration under the Personal Property Security Act
against the name of the person whom the storer knows or has reason to believe is the owner. 2014, c. 9, Sched. 4, s. 3 (3). Notice to owner, etc., articles of prescribed class (4.1) Despite subsection (4), where the storer knows or has reason to believe that possession of an article of a prescribed class that is subject to a lien was received from a person other than its owner or a person having its owner’s authority, the storer, within a prescribed period after the day of receiving the article of the prescribed class, shall give written notice of the lien, (a)  to the persons mentioned in subsection (4); and (b)  to such other classes of persons and entities as may be prescribed. 2014, c. 9, Sched. 4, s. 3 (3). Contents of notice (5) A notice under subsection (4) or (4.1) shall contain, (a)  a description of the article sufficient to enable it to be identified; (b)  the address of the place of storage, the date that it was received and the name of the person from whom it was received; (c)  a statement that a lien is claimed under this Act by the storer in respect of the article; (d)  a statement advising how the article may be redeemed; and (e)  any other prescribed information. 2014, c. 9, Sched. 4, s. 3 (3). Effect of failure to give notice, articles (6) Where a storer fails to give the notice required by subsection (4), (a)  the storer’s lien as against the person who should have been given the notice is limited to the unpaid amount owing in respect of the period of 60 days from the day that the article was received; and (b)  the storer shall surrender possession of the article to that person where the person proves a right to possession and pays that unpaid amount. 2014, c. 9, Sched. 4, s. 3 (3). Effect of failure to give notice, articles of prescribed class (6.1) Where a storer fails to give the notice required by subsection (4.1), (a)  the storer’s lien as against the person who should have been given the notice is limited to the unpaid amount owing in respect of the period prescribed for the purposes of subsection (4.1) from the day that the article of the prescribed class was received; and (b)  the storer shall surrender possession of the article to that person where the person proves a right to possession and pays that unpaid amount. 2014, c. 9, Sched. 4, s. 3 (3). Disposition (7) The storer has the right to sell an article that is subject to a lien in accordance with Part III (Redemption, Sale or Other Disposition) upon the expiration of the sixty-day period following the day on which the amount required to pay for the storage or storage and repair becomes due.  R.S.O. 1990, c. R.25, s. 4 (7). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 20 (2)
- no effect - see 2006, c. 19, Sched. G, s. 6 - 22/06/2006 2006, c. 19, Sched. G, s. 10 (2) - 22/06/2006 2014, c. 9, Sched. 4, s. 3 (1, 3) - 01/07/2016; 2014, c. 9, Sched. 4, s. 3 (2) - 01/01/2017 2021, c. 26, Sched. 3, s. 68 (3, 4) - 01/01/2024 2023, c. 23, Sched. 1, s. 117 (3, 4) - not in force